The Portland daily press., 1887-01-20
THE FISHERIES QUESTION.
The Bill Reported to the Senate by
Mr.. Edmunds,
An Exhaustive Report Accompanies
the Bill.
The Treaty Rights Of American Fish
ernnen Clearly Defined.
A Report Which win be Read With
Great Interest.
The Fishery Question.
WASHINGTON, Jan. 10.

day, from the committee on foreign relations
to protect the rights Of the American fishing,
| trading and other vessels, and American
fishermen, provides that whenever the Pres
ident of the United States shall be satisfied
that the rights Of American fishing vessels
in ports of Canada are, or have been abridg-
ed, or when they are unjustly vexed or har-
assed in the enjoyment of law and treaty
rights, or when the President shall be salts
fed that any such fishing vessels or fisher
men, having permit under the laws Of the
| United States to touch and trade at any port
or place in British North America, are, or
have been denied the privilege Of entering
such ports or places under the same regula-
tions as may exist therein, applieablesto
trading vessels of the most favored nations,
or are harassed or unjust1y vexed in these
rights, or are prevented from purchasing
such supplies as may there be lawfully sold
| to trading vessels of the most fa-
y0red nation or whenever the Pres
ldent shall be satisfied that other
vessels. their masters and crews, are denied
privileges granted to vessels and crews of
the most favored nation, or are harassed or
unjustly vexed in the enjoyment Of such
be the duty Of the President, in his dis
cretion, by proclamation, to that effect to
deny vessels, their masters and crews of the
British Domin0ns of North America any
entrance into the waters, ports or. places of
or within the United States, with such ex-
ceptlons in regard to vessels in distress,
stress Of weather, or needing supplies, as to
the President shall seem proper, whether
such vessels shall come directly from said
DOminiOns or such destined voyage. And
also III ha flfnEC m 1QnU int
ports or places of the United States of fresh
fish or salt fish. or any other product of said
Dominion, or other goods coming from said
Dominion to the United States. The Presi-
dent may apply such proclamation TO any
port or to all Of the foregoing subjects and
may limit, revise or renew IL at his discre-
tDn. Vessels violating this proclamation
shall, with their carg0es, be subject to seiZ-
ure and eonfiscation, and every person who
shall violate it shall be deemed guilty of
misdemeanOr, and shall be subject to a fine
not exceeding $1,000 and Imprisonment not
exceeding two years or TO both. In view Of
all that has taken place the committee
thinks it to be the duty OF the United States
in firm and just way to protect and defend
the just and common rights of the United
States, whether fishermen, or traders, or
all, by all such measures, as may be within
our power. The measure the committee pro-
poses to this end rests upon the principle
universally recognized and necessary in the
resorted to in one form or another by
many nations. 1t Is recommended that
the President of the United States
be invested with the power and that 1t be
made his duty, whenever he shall be salts
fed that unjust. unfair or unfriendly conduct
is practlced by the British government ia re-
spect of our citizens and their property, with
In the ports or waters of the British Do
mlnl0ns OF North America, to deny to the
subjects of that government in British North
AmpFlpn and their nrOnQrtv r. n plocQQ1
OF them. such privileges in the waters and
ports OF the United States as he may think
proper to name, and to suspend in respect Of
such vessels or classes Of vessels, such prop
erty or classes OF property, of the subjects of
such government the right of entering or
being brought within the waters or the ports
OF the United States, so that he shall be
able, as each emergency may arise, to pre-
serve intercourse between the United States
and that government in state Of fair equal
ity. The committee therefore recommends
the passage of the bill herewith reported.
The committee also recommends that the
papers, documents and maps herewith re-
turned be printed.
The Report on the Bill.
The bill for the protection of American
fishing, trading and other vessels, and Amer
can fishermen, submitted this morning
by Mr.. Edmunds TO the Senate from the for
eign relations committee, was accompanied
follows:
Touching on the questions involved in the
dispute with Canada, the committee reviews
the various clauses Of the fishery treaties,
and is Of the opinion in view CT the history
and OF the plain language of article one of
the treaties Of 1918, that it was intended to
deal and did deal only with the subject of
the admission Of American fishermen, within
a territorial jurisdiction of his Britanic
Majesty as defined by the public laws of ma
ti0ns. "The first question for consideration
then," the report continues, sis whether
pretentiOn that has sometimes been asserted
by the government of Great Britain that
American fishing vessels or others have no
right except at the pleasure of the British
government to be in or to prosecute lawful
pursuits in the great arms of the sea
extending between the part of the mainland,
belonging to the British and which are more
than six marine miles broad is well founded.
The committee cannot doubt that any such
pretensl0n is i'll founded. Another question
which the committee says may arise Is
whether American fishing vessels or other
American vessels may lawfully traverse the
Gut of Canso. The committee is Of the
opinion that in the absence of special treaty
arrangements such straits are free for public
and peaceable navigation in the same man
ner that the seas which they connect are
free. After reviewing the difficulties which
arose between the period Of the termination
of the treaty of 1854 and the treaty Of 1871,
the committee say this last treaty was ter
minated through the action of the United
States on the first of July, 1886, and the first
article. of the treaty Of 1915 again came into
operation.
Concluding, then, from what has been be-
fore stated that there is no serious difficulty
in respect to the question where American
fishermen can carry on their operations, it
would seem to be easy to know precisely
what our fishermen may and may not do in
territorial waters adjacent to the British
Dolninions. What they may do may be
stated as follows:
1.-They have the liberty to take fish on
that part Of the southern coast Of Newfound-
land, which extends from Cape Ray to the
Rameau Islands.
2-They have the right TO take fish on the
western and northern coasts of NewfOund-
land, from said Cape Ray to Quirchport ISL
ands.
S.-Also on the shores of the Magdalen
Islands.
Also on the coasts. bays, harbors and
creeks, from Mount Jolly, ON the southern
coast of Labrador, to AMI through the Straits
Of Belle Isle, ana thence northward indef-
nitely along the coast subject to any exclu-
sive rights Of the Hudson Bay Company.
5.-The right to dry and cure fish in any Of
the unsettled bays, harbors and creeks of the
southern part of the coast of Newfoundland
before described, and off the coast Of Labra-
dor. without interfering with the rights Of
settlers, etc.
6.-The right iof American fishermen, in
harbors of Great Britain in American YES
sells for the purpose Of shelter, repairing
damages, purchasing wood and obtaining
water, and for no other purposes whatever;
but they are TO be under such instructions in
respect of theirientry into the bays and har-
bors where they are not entitled to fish as
may be necessary to prevent their taking
| and drying or curing fish therein, or in any
| other way whatever abusing the privileges
| hereby reserved to them.
The things that by this article
| the American fishermen must not do are !:
Fish within three miles of any shores
| Of the British Dominion, excepting those
| specially above named.
Enter within this three mile limit, ex-
| cept for the purpose last stated. American
| fishermen in their character as such purely
must not enter prohibited waters for other
| than for the purpose of shelter, repairing
| damage, purchasing wood, and obtaining
water; and in doing this they are subject to
| such reasonable restrictions as shall be nee
essary to prevent their fishing or curing fish
| in prohibited water or on prohibited shores,
and thereby abusing the privilege of enter
| ing waters for necessity.
| The necessary restrictions" as defined
| by an act passed by Great Britain in 1919
are then given by the committee. The legis-